O1405
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CA:RMM:rmd419a/hpca
city Council Meeting 3-24-87
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Santa Monica, California
ORDINANCE NUMBER l405(CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4813
TO THE SANTA MONICA MUNICIPAL CODE RELATING
TO THE POSTING OF SIGNS REGARDING THE DANGERS
OF CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. .
Section 481.3 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4813.
Signs Warning of
Dangers of consuming AlcOholic: Beverages
During Pregnancy.
(a) Findings and Purpose. Recent
research
indicates
that
alcohol
consumption during pregnancy may cause
irreversible
adverse
effects
on the
development of a fetus, resulting in birth
defects,
including mental retardation,
facial abnormalities, and other defects
involving heart and bone structure. These
adverse effects are known individually as
Fetal Alcohol Effects and cOllectively as
Fetal Alcohol Syndrome. The pUblic should
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be informed that consumption of alcohol
during pregnancy may be harmful to a fetus
and result in birth defects.
(b)
Duty to Post.
On and after
July 1,
1987,
any person who owns,
operates, manages, leases, or rents a
premises offering for sale or dispensing
for consideration to the public, alcoholic
beverages, including beer and wine, shall
cause to be continually displayed on the
premises a sign meeting the requirements
of subdivision (c) of this section in the
places set forth in subdivision (d) of
this section.
(c) piqn. Each sign required to be
displayed pursuant to this Section shall
be
obtained
from
the
city
License
Division. The City License Division shall
charge for each sign a fee equal to the
ci ty I s cost of printing the sign. The
signs printed by the City shall contain:
(1) A warning in English and
in
spanish
reading
substantially
as
follows:
PREGNANCY AND ALCOHOL DO NOT
MIX.
DRINKING
ALCOHOLIC
BEVERAGES,
INCLUDING BEER AND WINE, DURING PREGNANCY
CAN CAUSE BIRTH DEFECTS.
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.
(2) A telephone number to
call for further information.
(3) A graphic depicting the
contents of the sign.
(d) Placement. A sign required by
this section shall be placed as follows:
(1) Where the sale or
dispensing
of
alcoholic
beverages,
including beer and wine, to the public is
primarily intended for consumption off the
premises, at least one sign shall be so
placed as to assure that it is readable
from all locations at which said sale or
dispensing occur.
(2)
Where
the sale or
dispensing
of
alcoholic
beverages,
including beer and wine, to the public is
primarily
provided
through
over-the-counter service, at least one
sign shall be placed to assure that it is
readable
from
all
counter
locations
available to the public. In addition, at
least one sign shall be placed to assure
that it is readable in each public
restroom.
(3)
Where
the sale or
dispensing
of
alcoholic
beverages,
including beer and wine, to the public is
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primarily provided for consumption on the
premises by the public at tables served by
food or beverage service persons, at least
one sign shall be placed to assure it is
readable by the public entering the
premises; provided, however, that notices
may be placed or displayed at each of the
tables in a manner which will assure that
the notices are as readily visible and
readable as materials provided to the
public which list food and beverage
prices.
In
addition
to other sign
locations, at least one sign shall be
placed to assure that it is readable in
each public restroom.
(e) violations. Violations of this
Section shall be punished as follows:
(I) Any person who violates
this section shall be guilty of an
infraction subject to a fine of not less
than $50.00 and not more than $150.00.
(2) Any person who violates
this Section after having received written
notice from the City to comply with this
section shall be guilty of a misdemeanor.
SECTION 2.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
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this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~k.~
ROBERT M. MYERS 0---
City Attorney
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.
I hereby certify that the foregoing Ordinance No. 1405(CCS)
, 1987.
was duly and regularly
a meeting of the City
Council on the loth day of March 1987; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 24th day of March 1987 by the following Council vote:
Ayes: Councilmembers:
Finkel, Jennings, A. Katz, Reed,
Zane and Mayor Conn
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
H. Katz
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ATTEST:
.
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City ~:erk -: ; -
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